Loading...
FY1984-1985 12/14/1984 Agreement :mannp JL. If{olbage RECORDER COLLECTOR OF DELINQUENT TAXES CLERK OF THE CIRCUIT COURT 16TH JUDICIAL CIRCUIT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (05) 294-4641 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (05) 852-9253 BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (05) 743-9036 COUNTY CLERK COUNTY AUDITOR M E M 0 RAN 0 U M -------- To: Reggie Paros Emergency Services Coordinator From: Danny L. Kolhage, Clerk Subject: Resolution No. 385-1984 Date: December 27, 1984 On December 14, 1984, the Board of County Commissioners adopted Resolution No. 385-1984 authorizing the Chairman of the Board of County Commissioners of Monroe County, Florida, acting as the Chairman of the Board of Governors of Special Taxing District No. 1-0, to approye and execute an Agreement by and between Special Taxing District No. 1-0 and the Big Pine Key Volunteer Fire Department, Inc. for the purpose of reimbursing volunteer fire- fighters. Attached is a certified copy of the subject Resolution and a fully-executed copy of the Agreement. Danny L. Kolhage Clerk byJ2aL~~ Deputy Cle/k /rls Attachment cc: County Attorney Finance vYlle , AGREEMENT THIS AGREEMENT, made and entered into this 14th day of December , A.D. 19 84 between Special Taxing District No. I-D hereinafter referred to as the "District" and the Big Pine Key Vol1.mteer Fire Department, Inc. Department or Volunteer Fire Department (whatever the case may be), hereinafter "Department", Volunteer Fire and Ambulance Corps referred to as the WITNESSETH: WHEREAS, the various special taxing dis tricts have been further organized into departments as a non-profit incorporation for the purpose of providing fire protection and rescue facil- i ties to the people and property of the same in Monroe County, and WHEREAS, such fire protection and rescue protection is for the furtherance of the common good of Monroe County, and WHEREAS, the Department aforesaid and the Special Taxing District No. I-D, through the Board of County Commissioners of Monroe County, Florida, as the governing body, have agreed and provided by ordinance for the various departments to reimburse its volunteer personnel and chiefs from funds strictly within the budget of the various special taxing districts, and WHEREAS, the various firefighters and ambulance personnel in the respective special taxing districts are available and are on constant alert as firefighters and volunteers in various life- saving activities, and WHEREAS, these parties now desire to formally agree for the reimbursement of volunteers for expenses relating to said ser- vices and the various volunteer departments do agree thereto, now, therefore, BE IT UNDERSTOOD that in consideration of the covenants agreed to herein and other good and valuable considerations, the parties hereto do agree as follows: 1. That the various special taxing districts shall utilize the services of the volunteers both as firefighters and for rescue purposes and that for said services a reimbursement to said volunteers shall be in the sum of $50.00 per month, not to exceed the budgeted funds, with it being understood that the various chiefs of the special taxing districts shall be reim- bursed in the sum of $200.00 per month, not to exceed the budget- ed funds, herein with a maximum of 25 volunteers and 1 chiefs who shall be reimbursed under this agreement. 2. That insofar as the various special taxing districts have in their budget for the fiscal year 1984 -85 funds avail- able for the reimbursement provided by this agreement that the same shall be done upon passage of this ordinance when and if said volunteers have entered into this agreement. 3. Monroe County and/or the special taxing districts currently maintains and shall provide Worker's Compensation Insurance for the volunteers specified herein for the duration of this agreement. 4. Each of the volunteers of the Departments described herein shall furnish and keep in full force and effect a policy of liability insurance on his private vehicle(s) in such amounts of coverage as are required under Florida law. Monroe County and/or the special taxing districts shall keep in full force and effect a policy of liability insurance on all emergency vehicles owned by the County and/or special taxing districts and used by the Departments, which policy shall also provide secondary, or back-up, coverage on private vehicles only during such times as they are operated in response to a call for the emergency services of the Department. Such period of opera- tion shall be deemed to begin at the time a volunteer enters a private vehicle for the purpose of responding to a call and to end at such time as the volunteer returns to his home or, in the case of a volunteer who makes an intermediate stop on his way to his home, to the first location to which he drives after the completion of his participation in the emergency services that were the subject of the call. 5. The Department shall keep in full force and effect a policy of liability insurance on all emergency vehicles owned by 2 the Department and used in providing emergency services within the District. Said policy shall be in the amount of at least $1,000,000.00 combined single limit and shall also name the Monroe County Board of County Commissioners as insured. 6. Nothing contained in this agreement shall cause the volunteers to be deemed or held to be agents or employees of Monroe County or of the special taxing districts. Monroe County and the special taxing districts shall have no liability or responsibility in connection with the subject of this agreement other than the payment of the reimbursement provided in paragraph 1 hereof and the furnishing of insurance as provided in paragraph 4 hereof. Monroe County and the special taxing districts assume no liability for, and each of the volunteers agrees to hold said County and District harmless from, any and all claims that may arise from the actions or the inaction of the volunteer, whether in the course of his volunteer efforts or not, and that are not covered by the insurance required under the provisions of para- graph 4 hereof. Further, it is the understanding and intent of all parties to this agreement that the provisions of this para- graph do not alter the legal relationships of the parties exist- ing immediately prior to its execution with regard to the poten- tial vicarious liability. The purpose for the inclusion of this paragraph is to memorialize the existing understanding of the parties. No compensation shall be paid to the volunteers by Monroe County or the special taxing districts except the reimbursement provided in this agreement or in any extension or written modi- fication of this agreement. 7. The County does hereby affirm that the governing board did approve on the 14th day of December , A. D. 1984 ,this agreement and did direct and authorize its presiding officer to enter into said agreement. 8. That the various special taxing districts acting as volunteer fire and/or rescue departments as is set forth in Ordinance No. 10-1982 did affirm that a duly constituted meeting of the governing board of the same on the 14th day of 3 December , A.D. 19 84 , the terms of this agreement was approved and the execution thereof directed. 9. That each contract or agreement entered into by the various special taxing districts and the operating corporations known as Departments shall also be executed by the volunteers prior to the receipt of reimbursement. A signed roster of all volunteers and all chiefs shall be provided for the Finance Department. The signature and agreement of the individuals as prescribed in this section is a condition precedent to the disbursement of any reimbursements provided for in said agree- ment. IN WITNESS WHEREOF, the parties hereto executed this agree- ment on the 14th day of December , 19-.JlL. SPECIAL TAXING DISTRICT NO. l-D ~-. A ~_ "BY~~ .~~..~ ,.... ..-.,. - ,'. '\ Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk ~~~~~~ N~ er / VOLUNTEER FIRE DEPARTMENT OR VOLUNTEER FIRE DEPARTMENT AND AM"BULANCE CORPS (whatever the case may be) "By W-4;~ e J4{~ . res~dent /' (Seal) Attest: ~!L1f1~ & ,f)~ ecre ary 'EDA:s"'-r;:' BY AUornf'j' ',,<.: 4